TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 212

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cection 20D,

in subsection (1) of that subsection shall not

apply to that termination of the contract.

Employee's option where gratuity payable.

:

20J.

Where an employee is entitled

J

(a) by virtue of this Fart, to a

severance payment; and

(b) by virtue of the terms of his contract

of employment, to a gratuity based

upon length of service,

the employee shall not be entitled to both such

severance payment and gratuity but shall elect,

by notice in writing given to the employer

within twenty days of the relevant date, to

take either the severance payment or the

gratuity:

Provided that if the employee makes no

such election, or dies without having made his

election prior to the termination of his contract of employment, it shall be conclusively presumed that the employee has elected to take

whichever shall be the greater of the severance

Payment or the gratuity.

Change of ownership of

business.

1965 c. 62, S. 13.

20K.

(1)

This section shall have effect

where -